Torbay and South Devon NHS Foundation Trust

Court of Protection and Inquest Lawyer

The closing date is 17 May 2026

Job summary

We are seeking a full-time, permanent Court of Protection and Inquest Lawyer to join our specialist Legal Services team.

Reporting to the Associate Director of Legal Services, this is a high-profile, varied role offering significant autonomy, reflecting statutory responsibilities.

You will provide expert advice on a complex, sensitive caseload, primarily Court of Protection and Coronial/Inquest matters. The role requires strong analytical skills, sound judgement, and confidence handling contentious, emotive issues.

You will support delivery of a high-quality in-house legal service, building effective relationships across clinical, managerial and executive teams.

The post holder will be a qualified Solicitor or Chartered Legal Executive (min 2 years PQE), with rights of audience in Coronial proceedings and a current practising certificate.

Strong communication skills are essential, with ability to explain complex legal and clinical issues clearly to varied audiences.

Adult Social Care experience is essential; NHS experience is not required. More important is commitment to high-quality public sector legal services and a proactive approach to development and improvement.

This is an excellent opportunity to join a small, specialist and supportive legal team within an integrated care organisation committed to collaboration, learning and continuous improvement.

Main duties of the job

You will act as a key legal adviser to the Trust, managing a complex caseload and providing expert advice across Court of Protection, Adult Social Care, Mental Health and related healthcare law.

You will advise and represent the Trust in Court of Protection and High Court proceedings and undertake advocacy where appropriate.

Cases will involve complex multi-disciplinary issues with significant clinical, ethical and emotional dimensions.

You will be required to:

  • Develop, plan and implement legal strategies to meet organisational priorities and client needs
  • Attend MDT meetings, briefing the Associate Director of Legal Services for Board and executive reporting
  • Build and maintain effective relationships with internal and external stakeholders
  • Supervise and support junior staff, contributing to team development and capability
  • Draft legal submissions, liaise with Counsel, attend court and undertake advocacy
  • Provide flexible legal support across the Trust
  • Deliver clear, pragmatic advice across healthcare and adult social care law
  • Contribute to training and education on legal, clinical and risk issues
  • Act as primary contact for Court of Protection matters, providing timely, authoritative advice including workshops and ad hoc sessions

About us

Why Work With Us?

You will join a friendly, collaborative and highly supportive Trust committed to delivering outstanding healthcare services to the people of Devon.

We place strong emphasis on staff wellbeing, professional development and recognition, including through our People Awards programme.

As the first NHS organisation in England to integrate hospital, community and social care services, we offer a genuinely unique working environment where legal services play a key strategic role.

You will be part of a Trust undergoing exciting transformation, including the implementation of a new Devon-wide Electronic Patient Record system, placing Legal Services at the forefront of organisational change.

You will also benefit from a comprehensive programme of high-quality training and development, supporting both your technical expertise and career progression.

Details

Date posted

17 April 2026

Pay scheme

Agenda for change

Band

Band 8b

Salary

£66,582 to £77,368 a year per annum pro rata

Contract

Permanent

Working pattern

Full-time

Reference number

388-7627024-CORP

Job locations

Torbay Hospital

Lawes Bridge

Torquay

TQ2 7AA


Job description

Job responsibilities

You will act as a lead legal specialist for the Trusts Court of Protection function, providing expert advice and oversight across a broad and sensitive caseload.

Key areas of responsibility include:

  • Consent and capacity (adults and children)
  • Use of restraint and restrictive practice
  • Deprivation of Liberty Safeguards (and transition to Liberty Protection Safeguards)
  • Mental Health Act matters
  • End of life decision-making
  • Inquests involving mental health, mental capacity or deprivation of liberty issues

You will have experience in:

  • Conducting litigation relating to the welfare and property of vulnerable adults, including Court of Protection applications
  • Providing detailed written and oral advice on the Care Act 2014, Mental Health Act 1983, and Mental Capacity Act 2005
  • Reviewing and advising on witness statements and evidential material
  • Preparing Court of Protection applications and participating in Best Interests decision-making processes
  • Managing a complex caseload involving mental health, safeguarding, ordinary residence, deprivation of liberty, and related issues
  • Advising on adult social care law and delivering associated training
  • Developing policies, procedures and strategic approaches to adult social care legal issues
  • Supervising colleagues and contributing to team development and capability building

You will work closely with colleagues in Adult Safeguarding, Learning Disability, Paediatrics, Nursing, Intensive Care, and other clinical teams.

Coroners inquests

You will support the Associate Director of Legal Services in representing the Trust throughout the Coronial process.

Key responsibilities include:

  • Acting as Trust lead for inquests involving mental health, mental capacity, and deprivation of liberty issues
  • Ensuring staff involved in inquest proceedings are appropriately supported and understand the process
  • Liaising with and briefing Counsel and external legal representatives where required
  • Providing clear guidance to clinical and managerial staff involved in the inquest process
  • Undertaking advocacy at inquest hearings where appropriate

Job description

Job responsibilities

You will act as a lead legal specialist for the Trusts Court of Protection function, providing expert advice and oversight across a broad and sensitive caseload.

Key areas of responsibility include:

  • Consent and capacity (adults and children)
  • Use of restraint and restrictive practice
  • Deprivation of Liberty Safeguards (and transition to Liberty Protection Safeguards)
  • Mental Health Act matters
  • End of life decision-making
  • Inquests involving mental health, mental capacity or deprivation of liberty issues

You will have experience in:

  • Conducting litigation relating to the welfare and property of vulnerable adults, including Court of Protection applications
  • Providing detailed written and oral advice on the Care Act 2014, Mental Health Act 1983, and Mental Capacity Act 2005
  • Reviewing and advising on witness statements and evidential material
  • Preparing Court of Protection applications and participating in Best Interests decision-making processes
  • Managing a complex caseload involving mental health, safeguarding, ordinary residence, deprivation of liberty, and related issues
  • Advising on adult social care law and delivering associated training
  • Developing policies, procedures and strategic approaches to adult social care legal issues
  • Supervising colleagues and contributing to team development and capability building

You will work closely with colleagues in Adult Safeguarding, Learning Disability, Paediatrics, Nursing, Intensive Care, and other clinical teams.

Coroners inquests

You will support the Associate Director of Legal Services in representing the Trust throughout the Coronial process.

Key responsibilities include:

  • Acting as Trust lead for inquests involving mental health, mental capacity, and deprivation of liberty issues
  • Ensuring staff involved in inquest proceedings are appropriately supported and understand the process
  • Liaising with and briefing Counsel and external legal representatives where required
  • Providing clear guidance to clinical and managerial staff involved in the inquest process
  • Undertaking advocacy at inquest hearings where appropriate

Person Specification

Qualifications

Essential

  • Qualified Solicitor or CiLEX with minimum of 2 years PQE
  • Post Graduate Masters qualification and/or equivalent experience
  • Admission as Solicitor of the Supreme Court of England and Wales; or equivalent but must be qualified in the Courts of England and Wales; AND a minimum of 2 years post qualification experience (PQE)

Desirable

  • NHS experience
  • Postgraduate degree in Medical Law or Medical Law and Ethics.
Person Specification

Qualifications

Essential

  • Qualified Solicitor or CiLEX with minimum of 2 years PQE
  • Post Graduate Masters qualification and/or equivalent experience
  • Admission as Solicitor of the Supreme Court of England and Wales; or equivalent but must be qualified in the Courts of England and Wales; AND a minimum of 2 years post qualification experience (PQE)

Desirable

  • NHS experience
  • Postgraduate degree in Medical Law or Medical Law and Ethics.

Disclosure and Barring Service Check

This post is subject to the Rehabilitation of Offenders Act (Exceptions Order) 1975 and as such it will be necessary for a submission for Disclosure to be made to the Disclosure and Barring Service (formerly known as CRB) to check for any previous criminal convictions.

UK Registration

Applicants must have current UK professional registration. For further information please see NHS Careers website (opens in a new window).

Additional information

Disclosure and Barring Service Check

This post is subject to the Rehabilitation of Offenders Act (Exceptions Order) 1975 and as such it will be necessary for a submission for Disclosure to be made to the Disclosure and Barring Service (formerly known as CRB) to check for any previous criminal convictions.

UK Registration

Applicants must have current UK professional registration. For further information please see NHS Careers website (opens in a new window).

Employer details

Employer name

Torbay and South Devon NHS Foundation Trust

Address

Torbay Hospital

Lawes Bridge

Torquay

TQ2 7AA


Employer's website

https://www.torbayandsouthdevon.nhs.uk (Opens in a new tab)

Employer details

Employer name

Torbay and South Devon NHS Foundation Trust

Address

Torbay Hospital

Lawes Bridge

Torquay

TQ2 7AA


Employer's website

https://www.torbayandsouthdevon.nhs.uk (Opens in a new tab)

Employer contact details

For questions about the job, contact:

Associate Director of Legal Services

Jamie Whaling

Jamie.Whaling@nhs.net

07393799539

Details

Date posted

17 April 2026

Pay scheme

Agenda for change

Band

Band 8b

Salary

£66,582 to £77,368 a year per annum pro rata

Contract

Permanent

Working pattern

Full-time

Reference number

388-7627024-CORP

Job locations

Torbay Hospital

Lawes Bridge

Torquay

TQ2 7AA


Supporting documents

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